Ninth Circuit Rejects Trump Request to Segregate California Ballots
The United States Court of Appeals for the Ninth Circuit denied a federal request to segregate 20,000 mail-in ballots from suspected noncitizens in California.
A three-judge panel of the United States Court of Appeals for the Ninth Circuit rejected a request from the Trump administration to force California to segregate mail-in ballots from approximately 20,000 registered voters suspected of being noncitizens. In a 2-1 vote on Monday, the court ruled that the Justice Department failed to provide the lower district court adequate opportunity to hear the case before seeking an emergency appellate ruling.
The majority, which included Trump appointee Judge Mark J. Bennett and Biden appointee Judge Gabriel P. Sanchez, determined that an eleventh-hour ruling days before the November 3 midterm elections would interfere with the state's ability to administer the vote. Judge Patrick J. Bumatay dissented, arguing that the federal government possesses the constitutional power to prevent attacks on election integrity.
The United States Department of Justice claimed that California's refusal to set aside the ballots caused damage that is "irreversible and irrevocable." However, California officials and Los Angeles County representatives countered that the federal list contained significant errors, stating a sample review revealed over 25 percent of flagged individuals were born in the United States. The case returns to U.S. District Judge David Carter for a hearing on Tuesday.
